Hi guys,

If we sell a house within 5 years we gotta deposit 2% of the purchase price for the RPGT. And supposedly they will rebate you back after deducting the 5% RPGT on profit minus cost.

Does anyone know how to get back the rebateable amount or has gotten it back?


Cheers

S&P lawyer will hold the 2% of the selling price which enough to cover your 5% RPGT, means from 10% deposit; you paid 2% to the agent and 2% hold by the lawyer, you only get 6% upfront.
when everything completed, lawyer will refund you the balance.

quick Q i have here....the RPGT is calculated from the current selling price of the house or from the profit u gain from your previous buying price and the current selling price?

2% from the selling price first. Then income tax will refund back to you ur profit -5%. Or 10% within 2 years.

Should get it within 6 mths

It is call Real Property Gain Tax. It is tax on the GAIN only. Previous buying - current selling = Gain (tax).

superb answer

plus some expenses can be deducted.

plus can choose for exemption of first property for once in a lifetime only.

Thanks bro. I heard some people after a year also never got anything back. But should get back within 2 years ah?

Thanks.

mine took more than one year .. after about a year i got the SPA lawyer to check with IRB on the refund and finally got a reply after a few days and my refund
after one month..you can also call IRB direct to check on status...

Hey guys, i'm having a bit of a difficultly here. When I sold my property, my S&P lawyer has paid the 2% RGPT to LHDN. However, they are saying they got nothing to do with claiming the refund back. It is between myself and LHDN which leaves me in the dark.

Can anyone explain how do I go about claiming back this money. This is my first property, so I should be entitled for the one time RPGT exemption right?

Thanks in advanced..

i stuck with this RGPT too, call to helpline, they ask me to call to the branch, no one pick up, i have to try few day.

This post has been edited by jmh33: Apr 26 2012, 08:23 PM

owh thanks...i always tot it's from selling price...so now RPGT is 10% for <5 yrs, still can make some money..huhu

Just wait.. Your lawyer should has calculated the RPGT for you.. The 2% is with LHDN.. LHDN will bank in to you the balance within a month after received your deposit..

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Added on April 26, 2012, 10:32 pmYou need to apply for RPGT exemption. It is not automatically exempted.


This post has been edited by abgkik: Apr 26 2012, 10:32 PM

Within 6 months is possible. But consider lucky and damm fast.

Sometimes up to 1 year. Can't believe here got people claimed back after more than 1 year ....

My latest transaction of RPGT is fast.. My lawyer did the calculation, I checked, submit the calculation and 2%, within a month LHDN bank in the balance into my bank account..

Wahhh, that was damm fast ... within a month?

Mind to share when this quick response happened? This year?

Last year.. January.. I tot LHDN now faster? Even income tax, after declared E-Filing, within a month can get the balance..

Aare u sure? U know that guy personally? Maybe got some problem with the application. Mine was submitted by the lawyer. My 2nd time i think within 1 month.

This post has been edited by koopa: Apr 27 2012, 12:50 AM

What guy that you mean bro?

Last year, i sold a unit of FH service apartment, was submitted by lawyer too, if not mistaken, i get it back within 7 months.

2nd unit, also FH landed with individual title, ard that period too. I dunno it's consider slow bcz i didnt chase it.

If really within 1 month, then its good. hehe.

Do you know how to apply for the exemption? Why is my lawyer saying they got nothing to do with this? Argh!!

Please help..

Your lawyer just help you to fill in CKHT only............for exemption part it is best ask your account personal for advise or accounting firm which specialise.........or go to LHDN for enquiries. They will help you.

Been trying to call LHDN for the longest time but unreachable :-(
From their website, they do have a form for requesting exemption. Not sure if this is applicable cause it looks like something that you fill up so that you dont have to pay the 2%, in my case if already paid and want a refund..

hi,

need not worry, just give the tax department sometimes. when i sold my condo last year, the 2% was refunded by the LHDN about 4 months after the sale was completed. the 2% check was sent by LHDN directly to my house.

hope this helps

Should be, the LHDN branch that handles your profile affects the refund time also.

ok so if I understand corrently, i just fill up the RPGT exemption form available on their website, sent it to them and wait for the refund?

Anyone has done this before?

my case is the CKHT 1A & 502 submitted in Jul2011, until now still not yet rec the refund... just now called the branch, the tax officer told me they dun have my file?!!! ask me fax over the acknowledgement, i did so... but called again, he asked for that acknowledgement with legal firm letterhead, what is tat? =.=

I still hadn't gotten mine back yet. Been about 7 months. Kinda slow.

ask pymt very fast, but refund super slow... mine almost 1 yr

Yalor.. we pay late have penalty.. they pay so late we get nothing..

finally found a guy can explain clearly to me... CHKT unit will need the DATE of submission for Form CKHT 1A, then only they can check... according to him, they are filing base on date...

anyway now I am asking the acknowledgement letter from my lawyer, and will fax to CHKT unit later

Hi guys, I've recently just purchased property and was asked to pay a 2% deposit of RPGT tax by my lawyer, I was wondering shouldn't this be paid by my unit's seller instead of me? Any of you guys know about this?Your help is very much appreciated!

must be paid by the seller

I had sold my property last year and paid 2% to LHDN. Today i receive a letter from LHDN say that

" Ketua Pengarah adalah berpuas hati bahawa tiada apa-apa keuntungan yang boleh dikenakan cukai di bawah peruntukan pereggan 9 jadual 3 daripada pelupusan yang boleh dikenakan cukai".

Does that mean i will get back my 2%?

you should sack your lawyer..!

was your property more than 5 yrs old from date of spa?

if it was, the lawyer should not have retained the 2 pc..

in any case, its clear there is no tax payable so yes, you can get your 2 pc back from IRB (am assuming that the 2% is there )

No, is less than 5 years. Normally it takes how long for LHDN to refund to us as I had signed the S&P more than 6 months

This post has been edited by fabigadervp: May 12 2015, 02:09 PM

it depends really..sometimes LHDN refund in a few months - sometimes one year also kena before..

suggest you bring that letter to LHDN and asked when to expect the refund..asking here wont get u an accurate answer..

Thanks for ur feedback n advise.
Appreciate it.

my SPA is dated aug 2013, until now there is no news on the refund.
lawyer resigned, LHDN hotline always hot........

any other way can i check on the status?

seriously? then you need to go LHDN (your file branch) personally. I sold 3 of my properties and all within 6 months...do not rely on lawyer, there only help you do filing. you need to follow up yourself

they usually do direct transfer to your bank acc.
by the time you received your letter, rightfully you should have received your fund already.

errr...you normally receive a notice 1st no? the calculation of rpgt? it give you few weeks to appeal if you disagree with the calculation...that is what happen to all my properties sold...never once i receive re-fund before letter le...your branch must be super efficient

No lah...I was referring to the letter stating that you are cleared of rpgt from inland revenue. when they issued the letter to you, usually refund has been deposited into your account.

just called LHDN branch and he told me LHDN didnt receive the 2% at all... how to refund?

Laine, its your negligence lioa.
usually lawyer will provide you with a copy of receipt from Inland Revenue when they paid the 2%.....

wahhhhhh...but the lawyer deducted 2% from you already? is the lawyer firm still there? you better go see them and yes Beancounter is right there must be some proof that the lawyer deduct 2% from you....even if don't have, you just use whatever receipt you have to proof that you used their firm for your property transaction because they have to withhold the 2% no matter what then ask them what happen to the money

yes deducted liao... the law firm still here..... but i am not in Malaysia currently. will only go back next year CNY...........

first time selling property.. dont really know the processes.... this time headache liao......

any relative that can help you?

just write to them first and see what they say..

finally settled. but a few things i find a bit weird.

1. they wanted to charge me 5% of the refund amount as admin charges. but i argued back and he took one step back to say RM50 as transport charges. i told him no way that i am going to pay a single cent. then he decided to waive it.

2. the refund is coming from the law firm and not LHDN. is this correct? he said the amount was just retained at their side.

he told me this letter was sent to me end of last year. but i didnt receive anything leh....... let alone the refund..... weird...

WTF???????????....the law firm sounds like a conman firm...good thing you fight for your rights and no the refund should come from LHDN, it can only mean one thing...the law firm did not submit the tax portion to LHDN

i can't think of any reason why the refund comes from the law firm and not from LHDN...any other member in this forum can help?

let me get the cheque from them first and see the cheque is issued by who.
if its issued by them and not LHDN, then its very fishy liao.
would bar council be able to help on this?

ok confirmed the cheque will be issued by the law firm.

1) Did yr property more than 5years? Under personal name? If less than 5 years definitely need to submit the 2% to LHDN. And if yr transaction is 2015, then it shall be 3% retention.

2) Check back with yr legal firm, did they let you sign any rpgt waiver form without yr consent? Or else hw can they didnt assist you to submit the retention sum. Flash back yr SPA. Its stated clearly in the spa i guess. Did you use your own lawyer or ride on the Purchaser's lawyer?

conman legal firm....period.....

think they just deposit your 'refund amount' in their bank and earn interest kau kau......

yes you should report this to the bar council.

1) less than 5 years... sold in end of 2013....joint name property

2) cant recall they asked me to sign on any rpgt waiver form, they just asked me to submit some documents to request for waiver. let me read my SPA again... both seller and buyer used the same lawyer becoz according to the agent, the process will be "faster" this way.... hmmm.....

will call up bar council to have a chat with them...
just too fishy this firm........

that's the thing i'm not very sure about...once you signed the waiver for rpgt, can the firm still retain your 2%? and even if they do retain the money it still need to submit to income tax no matter what...

so meaning either they retain the money or they don't...if they do then they must submit to income tax...unless my understanding is wrong

froom my understanding, if you have signed the waiver or over 5 years withholding period, you dun need to submit the fund, just sign the form and return to inland revenue. Your legal firm usually does this for you.

if you are within 5 years or deemed to have rpgt payable, either your buyers lawyer will remit the sum and pass the receipt back to you/legal firm or your lawyer will have to remit the 2% on your behalf and pass the receipt to you.

there is NO WAY your legal firm will hold the 2% 'in trust' and waiting for response from inland revenue.

Can I know what are the expenses that can be deducted?

Hi guys, Im wondering say you bought a property on 1.1.2010 and sell it on 2.1.2015, is this beyond five years already or still within five years?

a simply calculation would be obvious:-

2010
2011 - 1
2012 - 2
2013 - 3
2014 - 4
2015 - 5

Yes. It looks obvious mathematically, but once you put it in words its starting to look confusing. Words like "within 5 years" does that mean < than five years or up to five years and 11 month 31 days 😂😂😂.. Also its says zero rpgt on the "sixth year" but does the "sixth year" starts from 5 years 1 day 😂😂😂 or after 5 years 11 months and 31 days 😂😂😂.. And the example they gave on lhdn website also not clear on this 😂😂😂

My thinking:
If we bought it today, tomorrow is start of year 1, day 1. (could be day two, but lets ignore that part)
26 Aug 2017 is start of year 2 day 1.
26 Aug 2018 is start of year 3 day 1.
26 Aug 2019 is start of year 4 day 1.
26 Aug 2020 is start of year 5 day 1.
26 Aug 2021 is start of year 6 day 1.

hope that helps. I dont know if im right tho. As I know there is no year zero, so it has to start at year one which includes part thereof.

Im inclined to think like you too..In that sense if you sell by 27 Aug 2021 you would not be subjected to rpgt..and like you too Im not totally sure thats the right interpretation 😂😂😂

look up the Statutory Interpretation Act on days. The day of event happening is excluded. So, let's say if you bought a property on 1/01/2016 then the first day of ownership will be on 2/01/2016.

I knew it, its going to get technical 😂😂😂

HI guys. I sold my condominium on may 2016 and paid 3% detention for RGPT to LHDN . And after following my fils last week they told me the process is done and I should wait until Headquarter send me the refund check to my house by post. After reading some comments here I wonder how long it will take to recieve my check because septembwr 2017 I will leave malaysia and come back to my country. Is there any phone number or address of headquarter in kuala lumpur that I can follow my case?

Hi Mahsa,

I had experience similar case with you. I walked in to LHDN my branch then there is an officer will interview you together reviewing your file. according to them, it will took around 3months++ and it is advisable if you did drop by before so that they will be more alert on your account. But yet until now i still havent received the 3% retention sum from LHDN. Cheers!

After 5 months and 5 times going To cheras branch and following my account with headquarter in putrajaya they finnaly sent my cheque but it's about 45 days i didnt recieve anything. Every time I cal them they say we sent it by national post . If you dont recieve uour cheque in 2 months call us to request for sending new cheque again with national post. So risiculous😣😣😣😣

Hi, I received a letter from LHDN dated 19th Jan 2017 showing me the RPGT calculation, to which I have no objection.

On 3rd March 2017 I even can see the refund amount in my e-Legar (under LHDN website).

Does anyone know once this amount is in the system, how long it takes for refund?

Sorry to bump an old thread. I recently sold my house after just 1 year and my lawyer is asking for 3% to pay lhdn for rpgt. If i apply for once in a life time exemption do i still have to pay the 3% also and wait for refund? Tried calling the office but no answer...